IN THE HIGH COURT OF JUDICATURE AT PATNA

(CIVIL WRIT JURISDICTION)

CWJC No.____________________ of 2021(PIL)

In the matter of an application

under Article 226 of the
Constitution of India,
AND
In the matter of:--
1. Aditya Anand, son of Hrishankar Singh
Age—25 years Gender—Male
Mobile No.—8210584482 Aadhar No.—296985943539
2. Ranjan Prasdad, son of Jasman Prasad
Age—29 years Gender—Male
Mobile No.—9835942894 Aadhar No.— 809989717413
3. Dhiraj Kumar, son of Krishna Kumar Shahi
Age—31 years Gender—Male
Mobile No.—7301647072 Aadhar No.—446172368613
4. Ravin Kumar, son of Ramsakal Prasad
Age— 36 years Gender—Male
Mobile No.—9973316794 Aadhar No.—743456135741
5. Abhay Kumar, son of Arjun Singh
 Age— 20 years Gender—Male
Mobile No.—9939948225 Aadhar No.— 810489158560
6. Sanjeev Kuimar, son of Shiv Shankar Sah
Age— 31 years Gender—Male
Mobile No.—9973900609 Aadhar No.—531180745997
7. Santosh Kumar, son of Rama Shankar Prasad Yadav
Age— 34 years Gender—Male
Mobile No.—9304429599 Aadhar No.—671197287461
8. Rakesh Kumar, son of Shambhu Bhagat
Age— 22 years Gender—Male
Mobile No.—7782814180 Aadhar No.—374115502733
9. Vibha Kumari, wife of Raskesh Kumar
Age— 20 years Gender—Female
Mobile No.—7782814180
10. Shiv Kumar, son of Ram Narayan Singh
Age— 28 years Gender—Male
Mobile No.—9386521407 Aadhar No.—507819991828
11. Diksha Kumari, wife of Rajmohan Nayak
Age— 36 years Gender—Female
Mobile No.—7255069884 Aadhar No.—865199643193
12. Aakriti, daughter of Dinesh Prasad Singh
Age— 27 years Gender—Female
Mobile No.—9576873723 Aadhar No.—829550545611
13. Prince Kumar, son of Murari Prasad
Age— 30 years Gender—Male
Mobile No.—9631043534 Aadhar No.—897592633943
14. Ramlal Kumar, son of Jaleshwar Bhagat
Age—32 years Gender—Male
Mobile No.—9955383834 Aadhar No.—438210443769
15. Harinarayan Ram, son of Devendra Ram
 Age— 24 years Gender—Male
Mobile No.—7352667053 Aadhar No.— 342111086847
16. Rajeev Kumar, son of Ganesh Prasad Singh
Age—41 years, Gender—Male
Mobile No.—7903161707 Aadhar No.--727958559292
17. Vikash Raj, son of Jagdish Lal
Age—35 years, Gender—Male
Mobile No.—9955407566 Aadhar No.—717235436477
18. Manish Kumar , son of Shivchandra Singh
Age—32 years Gender—Male
Mobile No.—7260937117 Aaadhar No.—711154789619
19. Ramesh Kumar, son of Lalan Prasad Singh
Age—32 years Gender—Male
Mobile No.—8210301241 Aadhar No.—760303204016
All members of a group called “Swasthya Karmi Manav Bal
Sangh” Having Its office at Shivpuri Damuchak, Muzaffarpur
P.S.—Kazimohammadpur, District—Muzaffarpur
---------------------Petitioners
Versus
1. The State of Bihar
2. The Principal Secretary, Health Department,
Government of Bihar
3. The Officer on Special Duty, Establishment, Health
Department, Government of Bihar
4. The District Magistrate-cum-Collector, Muzaffarpur
5. The Civil Surgeon-cum-Chief Medical Officer,
Muzaffarpur
---------------Respondents
To
The Hon’ble Mr. Sanjay Karol, the Hon’ble Chief Justice of
the High Court of Judicature at Patna and his companion
Justices of the said Hon’ble Court.
The humble petition of public
interest on behalf of the petitioners
named above;
MOST RESPECTFULLY SHEWETH:
1. That this is an application praying for issuance of
appropriate writ/writs directing the respondents and other
concerned authorities to reinstate in service the 780
paramedical personnel and other health workers hired during
COVID-19 pandemic and who have been terminated from
service arbitrarily on 22-6-2021 by the Civil Surgeon-cum-
Chief Medical Officer, Muzaffarpur in compliance of a
direction issued by Officer on Special Duty, Establishment,
Health Department, Government of Bihar. All these health
workers have been terminated from service by the
abovementioned single order. This petition prays further that
aforesaid paramedical personnel and other health workers be
paid wages for entire three months for the services rendered
by them and be given weightage in appointment against
regular vacancies on account of their excellent work.
2. That following issues are involved in this case for
consideration by this Hon’ble Court:-------
(i) Whether the respondents are right in hiring the health
workers on contract for three months during deadly COVID—
19 pandemic and after using them for about one month
throwing them out of service arbitrarily?
(ii) Whether the respondents have got the right to use the
services of health workers without paying their wages?
(iii) Whether Bihar being a welfare state its government and
its authorities are right in using the services of health workers
during medical emergency and arbitrarily terminating their
services on flimsy grounds?
(iv) Whether COVID—19 pandemic is really over and there
is absolutely no need of these health workers?
(v) Whether these health workers who are qualified
paramedical personnel can be given weightage in
appointment against regular vacancies to similar posts for
their excellent services during COVID—19 pandemic on
humanitarian grounds?
(vi) Whether in view of the fact that these health workers
were appointed for three months they are entitled to get salary
for three months?
(vii) Whether in the facts and circumstances of the case
judicial intervention by an appropriate direction to the
respondents and other concerned authorities directing them to
reinstate the abovementioned 780 health workers in service,
pay them wages for their service and give weightage in future
appointment against regular vacancies is imperative in the
ends of justice?
3 That the petitioners are citizens of India and reside within
the territorial jurisdiction of this Hon’ble Court. The
petitioners have no direct individual interest in the subject
matter of this case.
4 That the health workers who have been arbitrarily
terminated are disadvantaged people and they are not in a
position to approach this Hon’ble Court for redressal of
their grievances.
5 That the petitioners have based the instant writ petition
on official documents, orders which are part of official
records and which are in public domain and also on
newspaper reports.
6. That during second wave of COVID-19 pandemic The
Government of Bihar urgently sought paramedical staff and
health workers to control the situation and save the lives of the
people from the deadly viral disease.
7. That on 08-5-2021 the Civil Surgeon-cum-Chief Medical
Officer, Muzaffarpur issued a notice inviting applications for
appointment of doctors, nurses and various posts of
paramedical staff including lab technician, ward boy, data
entry operator, multi tasking staff on contract basis. The notice
said that these workers were hired for three months under
Section 50 of the Disaster Management Act 2005.
A Photostat copy of the
abovementioned notice dated 08-5-2021
issued by Civil Surgeon-cum-Chief Medical
Officer, Muzaffarpur is attached herewith and
marked as Annexure-I to this petition.
8. That the abovementioned notice was displayed in the
office of Civil Surgeon-cum-Chief Medical Officer,
Muzaffarpur and it was stated that these applications were
invited on the basis of letter no. 345(11) dated 05-5-2021
issued by Officer on Special Duty (establishment), Health
Department, Government of Bihar.
9. That on the basis of letter no. 329(11) dated 27-4-2021
issued by the Principal Secretary, Health Department,
Government of Bihar and letter no. 345(11) dated 05-5-2021
issued by Officer on Special Duty (establishment), Health
Department, Government of Bihar the District Establishment
Committee, Muzaffarpur convened a meeting on 10-5-2021.
10. That on the basis of decision taken in the
abovementioned meeting dated 10-5-2021 of District
Establishment Committee, Muzaffarpur the Civil Surgeon-
cum-Chief Medical Officer, Muzaffarpur appointed altogether
780 paramedical staffs including ANMs, GNMs, data entry
operators, ward boys, dressers and other health workers on
daily wages for three months.
11. That the abovementioned health workers were appointed
on daily wages under Section 50 of the Disaster Management
Act and were posted at government hospitals and primary
health centres located in Muzaffarpur District.
A Photostat copy of
an appointment letter dated 15-5-2021 issued
by Civil Surgeon-cum-Chief Medical Officer,
Muzaffarpur is attached herewith and marked
as Annexure-II to this petition.
12. That after appointment of the abovementioned health
workers Muzaffarpur district performed well in coping with
the situation during so called second wave of the COVID-19
pandemic. Had these casual health workers not been appointed
the situation could have been worst. These health workers
were collectively called “Manav Bal”.

13. That on 17-6-2021 the Civil Surgeon-cum-Chief

Medical Officer, Muzaffarpur issued memo no. 3639
informing therein that on the basis of direction issued by the
District Magistrate-cum-Collector, Muzaffarpur services of
health workers hired during COVID-19 pandemic was being
terminated from the date of issuance of that letter.

14. That on 18-6-2021 the Civil Surgeon-cum-Chief

Medical Officer, Muzaffarpur issued revised memo no. 3648,
cancelled the earlier memo no. 3639 dated 17-6-2021 and
reinstated the health workers and authorized them to do their
job till 26-7-2021.
15. That on 22-6-2021 the Civil Surgeon-cum-Chief Medical
Officer, Muzaffarpur informed that on the basis of direction
issued by Health Department, Government of Bihar services
of health workers hired during COVID-19 pandemic was
being terminated from immediate effect. The health workers
were informed about their termination through Whatsapp by
the offices where they were posted.
16. That the abovementioned health workers have formed
their group named as “Swasthya Karmi Manav Bal Sangh”.
And after termination from service these health workers under
the banner of “Swasthya Karmi Manav Bal Sangh” submitted
their grievances before the Civil Surgeon-cum-Chief Medical
Officer, Muzaffarpur on 01-7-2021.
A Photostat copy of the abovementioned
representation before Civil Surgeon-cum-
Chief Medical Officer, Muzaffarpur dated 01-
7-2021 is attached herewith and marked as
Annexure-III to this petition.
17. That On 01-7-2021 itself these health workers submitted
their grievances before the District Magistrate-cum-Collector,
Muzaffarpur under the banner of “Swasthya Karmi Manav Bal
Sangh”.
A Photostat copy of the
abovementioned representation dated 01-7-
2021 before District Magistrate-cum-
Collector, Muzaffarpur is attached herewith
and marked as Annexure-IV to this petition.
18. That the abovementioned health workers served the
patients suffering from highly contagious COVID-19 disease
risking their lives. It has been informed that husband of a
health worker named Abhilasha contacted corona ailment
from her and died recently. These health workers served the
humanity well and they deserve respectful treatment. And
weightage in future recruitment to similar posts may be a
befitting reward by the Government of Bihar to these poor
health workers.
19. That these health workers are qualified paramedical
personnel and they may be an asset to the Government of
Bihar if they are appointed to regular posts against the existing
or future vacancies. Several posts of health workers are vacant
in the health establishments of the government. Health
Minister Mangal Pandey has issued statement to news papers
that about 30,000 health workers are going to be appointed till
September 2021.
20. That till date these poor health workers have not been
paid wages for their services. Non-payment of even minimum
wages to these health workers and arbitrary termination of
their service amounts to their exploitation at the hands of
authorities and is a denial of their right to live with basic
human dignity and is a violation of Article 21 of the
Constitution of India.

21. That recently Hon’ble Supreme Court of India has said

that fight against COVID-19 is a ‘world war’. Our Prime
Minister Mr. Narendra Modi has called doctors and health
workers as Corona Worriers. Unfortunately Government of
Bihar has exploited these health workers and has thrown them
out of service after using them.
22. That in view of the circumstances mentioned it is
submitted most humbly that a direction from this Hon’ble
Court alone can redress the grievances of the abovementioned
health workers and save them from hardship and exploitation
on account of non payment of their wages and loss of service
which was the only source of their livelihood.
23. That the petitioners have no other equally efficacious
alternative remedy than to move this Hon’ble Court for
redressal of their grievances.
24. That the petitioners have not moved this Hon’ble court
earlier either for the relief sought for in this writ application or
in respect of the contents thereof.
It is, therefore, prayed that Your Lordships
may graciously be pleased to issue rule NISI
calling upon the respondents to show cause as
to why the prayer made by the petitioners in
paragraph no. 1 of this application be not
granted and after hearing the parties be
pleased further to make the rule absolute
against the respondents by allowing this writ
application and by granting the relief sought
for.
AND
Be pleased further to pass such order/orders
which your Lordships may deem fit and
proper in the facts and circumstances of this
case.
And for this the petitioners will ever pray.